Night Work Convention, 1990 (No. 171) - Slovakia (Ratification: 2002)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work), 52 (holidays with pay) and 171 (night work) together.

A. Hours of work

Article 2 of Convention No. 1. Daily and weekly limits on the hours of work. Shift work. Transport sector. The Committee notes that pursuant to section 13(1) of the Working Time in Transport Act, shifts are fixed at 15 hours for employees in railway transport and at 13 hours for train drivers. The Committee also notes that 10 daily working hours are permitted under section 26(1) of the Working Time in Transport Act for drivers working in passenger transport. The Committee observes that the abovementioned Act does not seem to contain a clear weekly limit to working hours for employees in railway transport. The Committee also recalls that the Convention establishes a double cumulative limit on normal working hours of eight hours per day and 48 hours per week, and that where persons are employed in shifts it shall be permissible to employ them in excess of eight hours in any one day and 48 hours in any one week, if the average number of hours over a period of three weeks or less does not exceed eight per day and 48 per week (Article 2(c)).The Committee requests the Government to indicate in which manner it ensures that the requirements of the Convention concerning daily and weekly working hours are applied to railway transport employees, train drivers and passenger transport drivers.

B. Annual paid leave

Article 1 of Convention No. 52. Application of the Convention to the civil service and workers performing public functions. The Committee notes that, pursuant to section 2 of the Labour Code, the provisions of the Labour Code apply to the civil service and to workers performing public functions only where it is specified by special regulation. The Committee requests the Government to indicate the manner in which the Convention applies to workers in the civil service and performing public functions, including by specifying whether those workers are covered by the provisions of the Labour Code.

Article 4. Prohibition to relinquish or forgo the right to annual holidays with pay. Following its previous comments, the Committee notes the Government’s indication that section 116(3) of the Labour Code does not allow for cash compensation in lieu of holidays in situations other than the termination of employment. The Committee takes note of this information, which addresses its previous request.

C. Night work

Article 2 of Convention No. 171. Application of the Convention to the civil service and workers performing public functions. The Committee notes that, pursuant to section 2 of the Labour Code, the provisions of the Labour Code apply to the civil service and to workers performing public functions only where it is specified by special regulation. Accordingly, the Committee requests the Government to indicate the manner in which the Convention is applied to workers in the civil service and performing public functions when they are considered night workers or when they perform night work, including by specifying whether those workers are covered by the Labour Code.

Article 6(2). Persons permanently unfit for night work. Following its previous comments on this matter, the Committee notes the Government’s indication in its report, that workers permanently unfit for night work, and whose transfer to a similar position for which they are fit proves impracticable, are entitled to receive the same benefits as any other worker, in line with the principle of non-discrimination set out in the Anti-discrimination Act (365/2004). In addition, the Government indicates that entitlement to unemployment benefit, sickness or disability benefit, is regulated by the Act on Social Insurance (461/2003) and is based on the payment of regular contributions to the system of social insurance, which ensures equal treatment between persons who have been found unfit for night work and other workers who are unable to work or to secure employment. The Committee takes note of this information, which addresses its previous request.

Article 9. Social services. Following its previous comments on measures taken to give effect to Article 9, the Committee notes the Government’s reference to the employers’ obligation to take measures related to occupational safety and health, as well as to Part Seven of the Labour Code on the provision of catering, living conditions and recreation for workers. The Government further indicates that the implementation of those rules is handled at the undertaking level, with each employer identifying how to implement those provisions according to their needs. The Committee requests the Government to continue to provide informationon any developments regarding measures taken, in law or in practice, on the provision of appropriate social services to night workers.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 6(2) of the Convention. Persons permanently unfit for night work. While noting the Government’s reference to sections 55(2)(e) and 64(1)(e) of the Labour Code, the Committee recalls that there appears to be no provision in national legislation giving effect to Article 6(2) of the Convention. The Committee also recalls that under the Convention, workers permanently unfit for night work, and whose transfer to a similar position for which they are fit proves impracticable, should be entitled to receive the same benefits as other workers who are unable to work or to secure employment (i.e. unemployment, sickness or disability benefits). In the absence of any new information in the Government’s report in this regard, the Committee once again requests the Government to indicate the action it intends to take in order to give effect to this Article of the Convention.

Article 9. Appropriate social services. While noting the Government’s reiterated reference to sections 1(6) and 231(1) of the Labour Code, under which collective agreements may provide for more favourable working and employment conditions than those laid down in the labour legislation, the Committee wishes to recall that pursuant to Article 9 of the Convention, specific measures should be taken to provide night workers with appropriate social services. In this connection, it refers to Paragraphs 13–18 of the Night Work Recommendation, 1990 (No. 178), which suggest a number of specific measures for night workers in relation to the organization of social services, such as collective transport arrangements, suitably equipped resting facilities, provision of food and beverages, flexible hours for crèches, and adaptable cultural, sporting or recreational activities. While recalling that the Convention offers the possibility of progressive implementation of the specific measures required by the nature of night work (Article 3), the Committee once again requests the Government to indicate how it is ensured that establishments provide night workers with appropriate social services, as envisaged by the Convention and the Recommendation, and to forward copies of relevant collective agreements or of any legislative or regulatory text pertaining to this matter.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 6, paragraph 2, of the Convention. Persons permanently unfit for night work. The Committee recalls its previous comment in which it requested the Government to indicate how it is ensured in law and practice that workers who are permanently unfit to work at night – but may not necessarily be unfit for day work – and whose transfer to an alternative position proves impracticable, enjoy the same benefits (for instance unemployment, sickness or disability benefits) as those day workers who are generally unfit for work. In its reply, the Government indicates that Act No.461/2003 Coll. on social insurance and Act No. 462/2003 Coll. on income replacement in temporary incapacity for work of the employee give effect to these requirements of the Convention. However, the Committee has been unable to identify in these instruments any provision(s) specifically regulating the situation set out in Article 6(2) of the Convention. It accordingly requests the Government to specify the legal provision(s), and transmit copy of any relevant text, providing for the special treatment of workers permanently unfit to work at night, as prescribed by this Article of the Convention.

Article 9. Social services. In reply to its previous comment, the Committee notes the Government’s reference to sections 1(6) and 231(1) of the Labour Code which provide, in general terms, for the possibility of concluding collective agreements establishing more favourable working and employment conditions than those laid down in the general labour legislation. Noting that the provisions of the Convention may be implemented not only by laws and regulations but also by collective agreements (Article 11), and also recalling that the Convention allows for the progressive implementation of the specific measures required by the nature of night work (Article 3), the Committee requires the Government to provide more detailed information – including copies of relevant collective agreements – on the different measures, benefits or facilities designed to address the specific constraints on night workers (for instance, in terms of family life, quality of rest, transport, etc.).

Part V of the report form. Application in practice. The Committee requests the Government to supply all available information on the practical application of the Convention, including, for instance, statistics on the number of workers employed at night, the sectors of economic activity concerned, labour inspection results showing the number of infringements of the labour legislation in respect of night work, etc.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the Government’s first report and wishes to draw its attention to the following points.

Article 6, paragraph 2, of the Convention. The Committee notes the Government’s reference to sections 55(2)(e) and 64(1)(e) of the Labour Code concerning the transfer of an employee working at night to a different work if by virtue of a medical opinion he/she is considered unfit for night work, and the related measures of protection against unfair dismissal during the period of an employee’s temporary incapacity to perform night work. The Committee recalls, however, that the Convention requires, in addition to the above measures, that workers who are permanently unfit to work at night, but may not necessarily be unfit for day work, and whose transfer to an alternative position proves impracticable, should be entitled to the same benefits, for instance unemployment, sickness or disability benefits, as those day workers who are generally unfit for work. The Committee requests therefore the Government to provide further explanations and to specify the legal provisions giving effect to the requirements of the Convention in this regard.

Article 9. The Committee notes the Government’s reference to section 98(6) of the Labour Code which requires employers to negotiate regularly the organization of night work with the employees’ representatives and to secure that protective and preventive services or facilities relating to safety and protection of health at work are at the disposal of night workers. It also notes that sections 151 and 152 of the Labour Code refer to social policy in general and provide for the employer’s obligation to establish, maintain and improve the level of social facilities, sanitation amenities, and catering services offered at the workplace. In this connection, the Committee recalls that by "social services" the Convention intends to cover a large variety of measures, including but not limited to the provision of food and beverages. It also ventures to draw the Government’s attention to paragraphs 13-18 of the Night Work Recommendation, 1990 (No. 178), which offer guidance as to other measures which might be considered appropriate for night workers, such as collective transport arrangements, suitably equipped resting facilities, flexible hours for crèches, and adaptable cultural, sporting or recreational activities. The Committee therefore requests the Government to indicate any specific social services for night workers as may be established by laws, regulations or collective agreements.

Part V of the report form. The Committee would be grateful if the Government would provide in its next report general indications regarding the practical application of the Convention, including for instance, available statistics on the number of male and female workers employed at night, the branches of economic activity and occupational categories concerned, copies of collective agreements providing for additional benefits or guarantees in respect of night workers, extracts from inspection reports or official studies on the extent and effects of night working in general, as well as any difficulties encountered in the application of the Convention.